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-~- <br />e)(I) Unless the proposed operation was an operation which produced coal <br />in commercial quantities in the year preceding August 3, 1977 and at that time <br />was located within or adjacent to alluvial valley floors, tfre proposed surface <br />coal mining operations would: <br />(A) Not interrupt, discontinue, or preclude farming on alluvial <br />valley floors that are irrigated or naturally subirriyated, excluding <br />undeveloped range lands which are not significant to farming on said alluvial <br />valley floors and those lands upon which the Board has found that the farming <br />~.vhich will be interrupted, discontinued, or precluded is of such small acreage <br />as to be of neyliyible impact on said land's ayricultural production; or <br />{B) not materially damage the quantity or quality of surface water <br />dr ground water systems that supply the alluvial valley flours described in <br />sub-subparayrapn (A) of this subparagraph (I). <br />f) To the extent that the applicant proposes to extract coal by surface <br />methods, and where the private mineral estate has been severed from the <br />private surface estate, the applicant has submitted to the Division: <br />(I) The written consent df the surface owner to the extraction of <br />coal uy surface coal mining; or <br />(II) A conveyance that expressly grants or reserves the right to <br />extract the coal by surface coal mining, or, if the conveyance does not <br />expressly grant the right to extract coal by surface coal mining, other leyal <br />documentation supporting applicant's riyht of entry in accordance with State <br />law. (Nothiny in the permit shall be construed as an adjudication of any <br />property riyht.) <br />y) Subject to valid rights existing as of Hugust 3, 1977, and with the <br />further exception of those surface coal mining operations which were in <br />existence on August 3, 1977, the application: <br />(I) Does not include any lands within the boundaries of units of <br />the national park system, the national wildlife refuge systems, the national <br />system of trains, the national evilderness preservation system, the wild and <br />scenic rivers system, including study rivers designated under said act, and <br />national recreation areas desiynated oy act of the United States Congress; <br />(IIj Does not include any federal lands within the boundaries df <br />any national sorest, except to the extent that the Secretary of the United <br />States Department of Agriculture has found that there are no significant <br />recreational, timber, economic, or other values which may b2 incompatible with <br />such surface mining operations, and: <br />(A) Surface operations and impacts are incident to an <br />underground coal mine; or <br />{d) ~Ji~ere the Secretary of the United States Department of <br />Ayriculture leas determined, with respect to lands in national forests which do <br />nut have siynificant sorest cover, iiiat surface mininy is in compliance ~.vith <br />